Tier 1 Module 7

CERCLA 128(a)

Tribal Response Program

Establishing a TRP

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How Do We Start a TRP?

Where do we start?

Can I cleanup a “Brownfield” right

away?Can you clean out my dog house?

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EPA Goals:

The primary goal of this funding is to ensure that state and tribal response programs include, or are taking reasonable steps to include, certain elements and a “public record.”

The secondary goal is to provide funding for other activities that increase the number of response actions conducted or overseen by a state or tribal response program.

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What does “establish” mean?

"establish" includes activities necessary to build the foundation for the four elements of a tribal response program and the public record requirement.

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Who is the Grantee?

A CERCLA Section 128(a) grant is a cooperative agreement with a Tribe/Village (or a consortium of Tribes/Villages). The cooperative agreement recipient is the Tribal government to which a grant is awarded and which is accountable for the use of the funds provided.

EPA will accept only one application from each eligible Tribe (or consortium).

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Who gets the Funding?

When EPA funds the Section 128(a) grant, the Tribe may distribute these funds among the appropriate tribal programs and/or staff that are part of the Section 128(a) response program.

Don't let the situation confuse you...

Go thru the steps

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Step 1: Talk to EPA

Determine if the 128(a) Tribal Response Program grant is the appropriate program to address specific tribal environmental problems or issues.

How? Read the Annual U.S. EPA State and Tribal

Response Program Guidance (HQ & Region 10) Attend training and workshops Talk to Tribes with the TRP Ask questions!

Step 2: Assess your Tribe’s needs and how it can utilize the TRP

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Tribal Self Review Topics

A) What issues or problems is the tribe seeking to address through this grant program?

B) Are the problems or issues to be addressed a singular or short term problem or will they be long term or on-going problems?

C) What existing tribal resolutions, rules or policies are in place or are needed to address the problems?

D) What existing tribal programs are in place or needed to address the problems?

E) What are the tribe’s priorities and goals?

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A) Problems to Address

Existing known “brownfield” sites/properties? Are there sites/buildings the tribe wishes to acquire

and/or reuse or redevelop that may have potential contamination issues from past uses?

Existing problems related to controlled substances

(i.e. meth labs)? Existing problems from “mine scarred lands”? Other known or potential sources of releases of

hazardous substances, pollutants or contaminants, including petroleum releases?

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A) Problems to Address (cont.)

Potential future brownfields (aging or obsolete buildings, industry or businesses) ?

Current or future commercial, industrial or energy development that may result in the release of contaminants?

Incidents from transportation related releases? Past or current illegal dumping problems or old landfill

sites? Other local state or federal agency remediation

activities (i.e. EPA, ADEC, DOD or DOE)?

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B) Short or Long-Term?

Are there only a few existing brownfields that could be:

assessed via the EPA and/or ADEC Targeted Brownfield Assessment (DBAs) programs?

assessed and cleaned up via the EPA 104(k) Brownfield Grants program?

Addressed by the ADEC or EPA removal program?

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B) Short or Long-Term? Are Brownfields anticipated to be an ongoing

problem due to aging or obsolete buildings? Are there existing and on-going problems with

releases from other sources: Mine scarred lands? Drug labs? Commercial sources? Industrial sources? Transportation sources? Oil & Gas development/production? Other?

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C) Review of Tribal Requirements

Is the Tribal jurisdiction clear and what does it cover?

What Tribal environmental authorities exist or are needed?

Existing Tribal civil compliance procedures and authorities in place?

Existing MOAs or MOUs in place that address any of the issues?

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C) Review of Tribal Requirements

Have Tribal resolutions, rules or other requirements been properly adopted or formally entered into the tribal records?

Who enforces what criminal codes? What state and federal laws or regulations are

implemented by the Tribe?

{NOTE: “do not know” is OK}

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D) Review of Tribal Programs

Existing tribal programs that may be relevant? (i.e. UST, solid waste, emergency response, homeland security, water/wetlands and others)

Current staff positions to be utilized or new staff needed?

Staff training, skills and knowledge? Existing administrative support and/or

facilities? Other coordination agreements or

arrangements that may be relevant?

Identifyyour most

obviousproblems

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E) Tribal Priorities

Immediate threats to public health; Immediate threats to the environment; Long term threats to public health or the

environment; Impacts on cultural resources; Impacts on the local economy; Impacts on long term economic development; Impacts on the local quality of life;

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E) Tribal Priorities

Tribal capacity to deal with environmental problems, current or future;

Tribal capacity to deal with emergency responses to releases, current or future; or

Tribal capacity to coordinate or interact with response actions by other programs or agencies (EPA or ADEC).

Note: Is there an existing Tribal process to review and establish program priorities?

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Step 3: Discuss results with EPA

First time 128(a) TRP grant requestors are strongly encouraged to contact their Regional Brownfields Coordinator prior to submitting their funding request.

{Mary Goolie, Anchorage, AK EPA Office}

Be prepared to provide information from your review (step Two).

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Why a 128(a) Grant?

Is this the right grant program to address specific tribal issues or problems?

Are you establishing a new tribal program or enhancing an existing program?

What program(s) or component(s) of the tribe will receive the grant funds?

Who will the primary point of contact for negotiations on the proposed grant work plan?

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6) Why a 128(a) Grant?

What program or component of the tribe will have the primary responsibility for grant reporting and budget management?

Will this be a component of a Performance Partnership Grant (PPG)?

Would it be more practical to be part of a TRP consortium?

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Moving Ahead:

Know “where you are at”Know where you want to goEstablish & review prioritiesUse program review to generate Grant

Work PlansDo periodic reviews to keep on trackUpdate plans and priorities as needed

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Tribal Accomplishments

79 Tribes have received 128(a) TRP Grants (FY2011) (20 Tribes, Villages & Consortiums in AK)

Many Brownfield Sites inventoried Many sites assessed Emergency Response capabilities improved Tribal staff knowledge increased Community knowledge increased Input into other agency actions improved Several Consortiums formed (AK)

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Tribal Issues:

Jurisdiction uncertainties Lack of available or good records on properties; Management of grant funds and budgets for new types

of activities and equipment; Contracting for new types of services; Staffing (recruiting, turnover, support staff, etc.); Qualification and training of staff; Overlap and/or coordination with other programs; Lack of necessary tribal rules, resolutions, procedures

and policies.

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Lessons Learned

Understanding what the program is about and being sure this is an appropriate program for the tribe.

Determining if another program or grant, or other resource would solve the problem the tribe is seeking to address.

Understanding the program staffing and resource needs and developing position description(s) that fit the program and have the appropriate qualifications.

Implementing new types of tribal rules or policies can be difficult.

Keeping elected officials informed

Be determined in achieving your goals...

Aim High

Try to See Eye-to-Eye

Be a Good Team Mate

The End